Probate
Calgary Probate Lawyers
Getting Probate Lawyers To Help With The Application
Probate lawyers (also called estate lawyers) help you with the steps required to finalize an estate. Usually the executor or executrix of a will does this. During probate, the assets or property of a deceased person are given to the beneficiaries named in that person’s will. Click this link to learn more about the role of the executor.
Probate lawyers make the probate application for you. Further, probate proves the validity of the will, confirms the last valid will and decides who controls the estate. Lastly, probate, in Alberta, gives everyone involved in the estate certainty that the exact following of the deceases wishes occurs. Learn more about Alberta probate law here. If no will exists, then a similar but different process must occur to administer the estate through the courts. Seeking a grant of letters of administration reflects the process when a person passes with no will.
The Estate Administration And Probate Process
The finalizing of an estate can be a long process. At a minimum, probating an estate can take three or four months. Even with probate lawyers assisting, complicated estates with many beneficiaries often see the process taking over a year. For this reason, some people decide to hire the lawyer to administer the estate, to avoid dedicating so much time to the estates affairs. Learn more about the steps and how long probate takes here. Until the surrogate court grants an order for probate, no one has the legal right to act for the estate. Probate protects the executor by getting permission / authorization to act on behalf of the estate.
Executors are allowed to be paid (learn more here) for their work. Without taking all the proper legal steps an executor may face personal liability. There are important things to know when dealing with the property of someone who has died. Note: executor/executrix is now referred to as a personal representative. Learn who can help with the probate process; click here.
Limited Grant Of Probate
Alberta now features a process to deal with certain aspects in an expedited process. A limited grant of probate deals with assets that often burden estate. Primarily this includes real property including land and homes. Often the courts grant a limited grant of probate in under a month. This system works well to avoid the risks of trying to sell a home without receiving a grant of probate first. The funds from the sale of the home are then held and a regular probate application deals with the other assets in the estate. The reason that the government added this process is to help an estate to sell an asset that requires a lot of attention and, often, costs to maintain. It allows for the sale of the home with the sale proceeds deposited to the estates bank account for distribution once the court give the grant of probate.
Do I Need To Probate An Estate In Alberta?
Not all estates require probate. This is a key determination needed prior to paying a probate lawyer. We understand this. Consequently, our probate lawyers offer a no charge initial consultation for probating estates. We let you know if probate is required or not. For clarity, with a simple free phone call, our estate lawyers let you know if the estate requires probate or not. Some of the factors to decide if an estate needs probating is if there is land involved (and how it is held), they types of other assets held, where and how assets are held and the size of some assets like bank accounts. Learn the difference between probate and letters of administration. You may also want to learn about the risks of trying to avoid probate. Learn more about probating an out of province will here.
The Cost Of Probate Lawyers Fees
Unlike other provinces, the Provincial fees for probating an estate are very low. Alberta does not have a “death tax” of a certain percentage of the estate. As above, we bill no fees for initial consultations. This means that you pay us no fees after the initial consultation when the estate requires no probating. We have two options for our legal fees when acting for an estate during probate. They are either flat rate or based on the value of the estate.
Our probate lawyers let you know your costs prior to incurring costs with us. We believe in transparency with our legal fees and billings. To make this easier and transparent, we provide our legal fees for probating an estate in a public manner. Not only do our clients enjoy this approach, but they pick Kahane Law Office because this approach is clear in the entire process we take with our clients.
Who Pays The Legal Fees?
Personal representatives (executors) often worry that they take on the cost of hiring lawyers to help with an estate. This is not true. The estate pays for the fees and costs incurred for help probating the estate. While some beneficiaries prefer that the personal representative take on all the work themselves to maximize what they receive from the estate, that is unfair to the personal representative. Further, in the event that the estate is sued by a beneficiary or someone claiming to be a beneficiary, the estate pays the legal fees associated with defending the claim. This is generally not the case, if the personal representative acts outside their legal requirements.
What Happens After Probate
People struggle with both emotional and practical considerations after the death of a loved one. We recommenced dealing with the emotional and immediate practical aspects first. With the exception of protecting the estates assets, very few legal steps need to take place immediately. Call or email us when you are ready. Our probate lawyers then assist with seeking a grant of probate. Once the court grants probate of an estate, the executor must perform certain tasks. These tasks include:
- Compiling all the debts of the estate;
- Accounting for of all assets of the estate;
- Returning government documents to the government;
- Completing the final tax return of the estate;
- Paying off the taxes and debts of the deceased person from the estate;
- Distributing the assets to the beneficiaries of the estate; and lastly
- Winding up the estate.
Getting Help From Calgary Probate Lawyers
The Calgary probate lawyers and estate lawyers at Kahane Law Office help you when a family member or loved one has passed away and you are executor for them. We make the process easier and take on much of the stress that our clients usually face when probating an estate. Estate law allows executors to hire help when dealing with an estate. This help includes lawyers, accountants and other professionals. We provide help when you need it. Please reach us toll-free at 1-877-225-8817, 403-225-8810 locally or email us directly here today to contact us. For more information, click here to watch our video on probate and probate lawyers.